MEMORANDUM OPINION and ORDER
JOHN McBRYDE, District Judge.
Now pending in the above-captioned action is the motion of defendant, the City of Watauga, Texas ("the City"), to dismiss the complaint of plaintiff, Rande Benjamin, for failure to state a claim upon which relief may be granted. After having considered such motion, plaintiff's response, the City's reply, and applicable legal authorities, the court has concluded that the City's motion to dismiss...
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